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Department of Homeland Security Announces New Employment Authorization Eligibility for Certain H-4 Spouses of H-1B Professional Workers

Eileen Momblanco

On February 25, 2015, the U.S. Department of Homeland Security (DHS) announced that effective May 26, 2015, the agency will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident status.  Eligible individuals include certain H-4 dependent spouses of H-1B non immigrants who: 1) are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 2) have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act of 2000 as amended by the Twenty-First Century Department of Justice Appropriations Authorizations Act.  This new rule is one of several immigration executive actions announced by President Obama in November 2014.


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